Have you ever been confronted with a situation where your neighbor's fence, retaining wall, or some other "obstruction" blocks your private right of way? If so, your local probate court may be the place for you.
This is an interesting legal issue because most issues regarding real property (real estate) are reserved to the Superior Courts. However, O.C.G.A. 44-5-59, provides for jurisdiction in the Probate Court of the County in which the obstruction is located to handle requests to remove obstructions across rights of way. This means if someone blocks your driveway, road, or other path, the probate Court may be the place for you.
This often comes up in situations where someone has obtained a private right of way by prescription. You can acquire a right of way through prescription by showing: 1) that the private way has been in continuous, uninterrupted use for seven years or more, and not steps were taken to prevent enjoyment of the same; 2) that the use of the easement was kept open and in repair; and that 3) the easement did not exceed 20 feet in width. This is a bit different in wild lands, but for most of us in suburbia that doesn't make much of a difference. Basically, the idea is if you use something long enough, the law gives you ownership. This is because we, as a society, favor development and reward those who utilize land.
If you ever have a situation where a path, or road, you have used is blocked. Give us a call, we may be able to have the obstruction removed.
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